B.Ram Kishore vs The District Registrar ...
2023 Latest Caselaw 7839 Mad

                                                                                   W.P.No.20036 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 07.07.2023

                                                           CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                     W.P.No.20036 of 2023

                     B.Ram Kishore                                             ... Petitioner

                                                             Vs.

                     1.The District Registrar (Administration),
                       Tiruvallur District.

                     2.The Sub Registrar,
                       Avadi Sub Registrar Office,
                       Tiruvallur District.

                     3.Kathiravan                                              ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the 1st respondent to consider and
                     take appropriate action on my representation dated 17.03.2023 for cancelling
                     the forgery document No.4065/2009 registered in 2nd respondent office.


                                    For Petitioner            : Ms.S.Nathiya

                                    For R1 & R2               : Mr.C.Jayaprakash
                                                                Government Advocate




                     Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                             W.P.No.20036 of 2023


                                                               ORDER

The relief sought for in the present writ petition is to direct the 1st

respondent to consider and take appropriate action on my representation

dated 17.03.2023 for cancelling the forgery document No.4065/2009

registered in 2nd respondent office.

2. The issues raised in the present writ petition were adjudicated by this

Court in a batch of writ petitions in W.P.No.4192 of 2018 [A.Selvam vs. The

Sub Registrar, Dadagapatti, Salem District] etc., and batch, and a

judgment was delivered on 15.06.2023 and the relevant paragraphs of the

judgment are extracted hereunder:

“33. In view of the facts and circumstances, the following orders are passed:

(1) In respect of the complaints pending before the District Registrars concerned and the appeals pending before the respective Appellate Authorities, the Inspector General of Registration shall direct all the authorities to follow Circular No.1/2023 dated 10.06.2023 strictly for the purpose of disposal of the complaints and the appeals in a

https://www.mhc.tn.gov.in/judis W.P.No.20036 of 2023

consistent manner;

(2) The Inspector General of Registration is directed to incorporate the further clarifications as stated in this order and issue a fresh Circular within a period of two weeks from the date of receipt of a copy of this order;

(3) The respondents are directed to relegate the parties to approach Civil Court of Law, in the event of disputed facts regarding civil rights exist between the parties.

(4) In the event of violation of the guidelines issued by the Inspector General of Registration or the directions issued by this Court or any other lapses, negligence or dereliction of duty is found while performing the duties by the authorities, departmental disciplinary proceedings are to be initiated under the relevant Service Rules.

(5) The Inspector General of Registration is

directed to conduct periodical Reviews as warranted under the Rules of Public Administration.”

https://www.mhc.tn.gov.in/judis W.P.No.20036 of 2023

3. In view of the fact that the case of the petitioner is also similar to that

of the cases (cited supra), the case of the petitioner is also to be considered on

the same line.

4. Accordingly, this Writ Petition stands disposed of. No costs.

07.07.2023

Kak/Jeni Index : Yes Neutral Citation : Yes Speaking order

To

1.The District Registrar (Administration), Tiruvallur District.

2.The Sub Registrar, Avadi Sub Registrar Office, Tiruvallur District.

https://www.mhc.tn.gov.in/judis W.P.No.20036 of 2023

S.M.SUBRAMANIAM, J.

Kak/Jeni

W.P.No.20036 of 2023

07.07.2023

https://www.mhc.tn.gov.in/judis